Would it be considered a self defense if my nephew stabbed the homeowner who pulled a gun and shot him if my nephew is the one who invaded the house? 9 Answers as of December 11, 2013

My 16 year old nephew was charged with home invasion and assault with attempt to murder. The homeowner pulled a gun and shot at my nephew first, and my nephew stabbed him in the chest. Is that considered self-defense on my nephews part?

If a reasonable person, in the same situation would feel that his life was in danger from your son, he had the right to defend himself by shooting your son. The stabbing by your son would not be self-defense.

Your nephew committed a home invasion burglary, one of the most serious crimes you can commit. The homeowner was well withing his rights to shoot him dead the minute he entered the home. It is not self defense as the home owner does not have to wait until he is threatened, he is allowed to kill an intruder in almost every state and does not have to retreat from his own home. Your nephew is lucky he was not killed and will probably get a prison term.

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